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(영문) 광주지방법원 2018.01.18 2017가합56006
매매대금반환
Text

1. Defendant Hob City Development Co., Ltd. shall be KRW 750,775,00 for Plaintiff A, and KRW 134,361,00 for Plaintiff B and each of the above.

Reasons

1. Basic facts

A. Defendant LAW City Development Co., Ltd. (hereinafter “Defendant LAW City Development”) is a company that carries out the business of newly constructing and selling Dtel (hereinafter “instant officetels”) on the land outside Seo-gu, Seo-gu, Gwangju (hereinafter “instant project site”), and Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust Co., Ltd.”) concluded a sales trust agreement with Defendant LAW City Development relating to the instant instant instant officetel construction and sales business.

B. (1) On March 23, 2012, the instant instant officetel was concluded with Defendant International Asset Trust, etc. a business agreement and an agency contract on the instant officetel construction and sale.

(2) On March 23, 2012, Defendant M&D urban development concluded a sale management trust agreement with Defendant International Asset Trust (hereinafter “instant trust agreement”) pursuant to the instant business agreement, and on the same day, Defendant International Asset Trust completed the registration of transfer of ownership based on trust regarding the instant business site.

The main contents of the instant trust agreement are as follows.

Article 3 (Registration of Transfer of Ownership and Trust) (No. 2) of the Trust Contract of this case (No. 2) (1) The development of Defendant AWD City must complete the transfer of ownership and the registration of trust in relation to the real estate held in trust in trust in the future of the international asset trust.

② When the instant officetels is completed on the trust real estate, Defendant Hyb City Development shall undergo a pre-use inspection, and shall additionally trust the completed building in the name of Defendant Hyb City Development with the registration of ownership preservation at the same time as the registration of ownership preservation in the name of Defendant Hyb City Development.

Article 27 (Additional Trust and Transfer of Ownership)

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